CRIMINAL DEFENSE

Misdemeanor charges need to be taken seriously. Even though this criminal classification is less than a felony, that doesn’t mean defendants should underestimate the potential consequences. You may face expensive fines and even time in jail if you don’t adequately prepare for the process ahead. Don’t go in alone: hiring a knowledgeable criminal defense attorney is key to protecting your future. Tanzillo Stassin & Babcock offers the guidance you need. We explore reasons for hiring an attorney to fight your misdemeanor charges. Visit our team at a consultation for advice regarding your case. 

Understanding Your Right to Self-Representation

The Sixth Amendment grants defendants the right to legal representation. The same clause says that defendants also have the right to self-representation, which must be approved by the judge. You will be read the rights that you are waiving by representing yourself. Failing to demonstrate your ability to self-represent means the court will ask you to seek the assistance of an attorney or public defender. 

Hiring a Criminal Defense Attorney

If you’re unable to prove that you can adequately self-represent and you are appointed a public defender, you won’t have a voice in this decision. Protect your best interests by hiring a criminal defense lawyer once you are charged with a misdemeanor. Hiring a lawyer lets you focus on building your defense rather than stressing over the processes involved in self-representation. 

It’s true a misdemeanor isn’t as severe as a felony, but that doesn’t mean its potential impacts are insignificant or easy to handle. In Indiana, misdemeanor charges are classified differently depending on the severity of the alleged crime. Each classification results in varying fines, prison time and probationary periods:  

• Class C Misdemeanor. Charges that fall in this classification are punishable by up to 60 days in prison and a fine of up to $500. 

• Class B Misdemeanor. A conviction for a Class B misdemeanor can lead to up to 180 days in jail and a fine of up to $1,000. 

• Class A Misdemeanor. As the most severe misdemeanor charge, a conviction could result in a year in jail and a fine of up to $5,000. 

Not only does a misdemeanor lead to expensive fees and jail time, but they leave a lasting impact on the defendant’s life. Having a criminal record can make it difficult to access employment or education, among many other long-term punishments. Hiring an attorney can mean all the difference in safeguarding your future. 

When you choose an experienced attorney to represent you in your criminal case, you are investing in a legal advocate who can ensure you fully understand the situation you’re facing. We help you learn about the criminal justice process and what to expect as we defend your rights. You will feel confident knowing we have the experience needed to build a solid defense in your favor. 

Contact Our Firm Today

Tanzillo Stassin & Babcock is prepared to handle your misdemeanor case. Don’t try to handle your criminal case alone: work alongside our legal team today.

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CRIMINAL DEFENSE

Being arrested for driving under the influence (DUI) can be a frightening and overwhelming experience. One of the first steps someone should take after receiving a DUI charge is to contact an experienced DUI attorney for a consultation. This blog post will review three ways you can fight a DUI charge in Indiana, with the help of an attorney. 

Challenge the Arrest

At any point during the arrest process, it is possible that your rights may have been violated. It is not uncommon for police officers to intentionally or accidentally violate your rights by failing to follow proper procedures during a traffic stop. Examples of this include if the police officer did not read you your Miranda Rights or pulled you over without reasonable suspicion. If any of these scenarios are true, then your attorney can challenge the arrest and any evidence collected by the arresting officer could be excluded from court proceedings. 

Fighting the ‘Evidence’

In order to convict someone of drinking under the influence, there must be evidence that proves beyond reasonable doubt that they were intoxicated while operating their vehicle. The legal team at Tanzillo Stassin & Babcock can fight any evidence presented against you at trial. For example, breathalyzer tests are known to give false results due to improper calibration or environmental factors like humidity and temperature. Additionally, blood alcohol tests require trained lab technicians who follow specific guidelines which must be met for accuracy. Failure to do so could result in inaccurate readings being used as evidence against you in court. An experienced attorney can help identify weaknesses in the prosecution’s case by carefully reviewing all potential evidence presented against you. 

Contact a DUI Lawyer

Working with an experienced lawyer is highly recommended when facing a DUI charge, as they understand Indiana’s laws better than anyone else and will use that knowledge to get you the best defense possible. A reputable lawyer will also look for errors made by police officers or other individuals involved in your case and use them as leverage during negotiations with prosecutors or in court proceedings if necessary. Depending on how severe your charge is, and the facts of your case, they may even be able to get it reduced or dismissed altogether. 

Fighting a charge for driving under the influence can feel like an uphill battle, but having an experienced lawyer on your side makes all the difference. There are many strategies available for reducing or dismissing charges, such as challenging evidence presented against you at trial or using errors made by police officers during arrest as leverage for negotiation with prosecutors. Both of these strategies require extensive legal knowledge and expertise that only comes from years of experience working with similar cases like yours. Don’t try tackling this alone – contact an expert DUI attorney at Tanzillo Stassin & Babcock today and start fighting back!

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CRIMINAL DEFENSE

Maybe the police suspect that you are driving while intoxicated. Or, you consented to a search, and an officer discovered potentially incriminating evidence against you. No matter the situation, Indiana drivers should know their rights. When you’re stopped by a police officer while in traffic, knowing federal and state laws for search and seizure can help you defend your rights. Our attorneys at Tanzillo Stassin & Babcock, P.C. can review your case at a consultation. 

What Is Search and Seizure?

Search and seizure is a legal term referring to an examination of someone’s property by a law officer. A search and seizure is completed to gather evidence when authorities believe that an individual may have committed a crime. Laws restrict when and how a search and seizure can be done. 

An officer demanding to search your vehicle without explanation can be understandably frightening. You should discuss the incident with an attorney to discern whether your rights may have been violated.   

Vehicle Searches in Indiana: What’s Legal?

Many people turn to our attorneys at Tanzillo Stassin & Babcock with questions about Indiana’s search and seizure laws. No matter the reason they were stopped, there are plenty of questions regarding the search’s legality and if evidence gathered in the search can be suppressed. 

In most cases, police must acquire a warrant to search a person or property. However, there are certain exceptions to be aware of, including the plain view exception and its extension, the plain smell exception. This provision grants officers reasonable cause to believe you possess marijuana if they smell it, which allows them to search your vehicle for containers of marijuana. Additionally, if the officer finds evidence of another possible crime that is visible during the search, that evidence may also be used. 

It isn’t unusual for law enforcement to include in the police report that they smelled burnt or raw marijuana based on their training and used that to search the vehicle. Whether the smell was truly obvious is a problem that the court would need to address in a suppression hearing. 

Contenting to Vehicle Searches

Officers can also search a car for marijuana and other drugs is by receiving consent from the driver. The officer can request to search the vehicle if the driver is already stopped for a traffic violation. Even if the driver grants consent, he or she may still refuse consent to search the trunk or a closed box. This refusal is not grounds for the officer to obtain a warrant. Furthermore, if the person is in custody, the officer needs to inform that individual of their Pirtle Rights, which state that consent is voluntary and that they have a right to an attorney. 

Contact a Dyer Criminal Defense Attorney Today

In Indiana, there are certain laws outlining vehicular search and seizure, and it’s important to understand how these laws impact your rights if you are pulled over for a search. If you recently underwent a search and seizure, call an attorney at the soonest opportunity. Tanzillo Stassin & Babcock, P.C. are available for an initial consultation to discuss your case. 

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CRIMINAL DEFENSE

For many people, daily life is hard to imagine without a car. We rely on them to commute to work, take the kids to school and complete other errands. If you’re found driving with a suspended license, you can end up in a complex legal battle that makes your life even more difficult. Fortunately, there’s hope when you work with a criminal defense lawyer who is familiar with traffic laws in Indiana. Tanzillo Stassin & Babcock delivers tenacious support through your case. If you need advice regarding your specific circumstances, call our firm for a consultation. 

What Happens If You Violate Indiana Traffic Laws?

Even though most of us need to drive for one reason or another, we are not entitled to such a right. Your driving privileges can be revoked in Indiana due to many reasons, including traffic offenses. Laws prohibit individuals from driving without a valid license. When someone drives under license suspension, their actions violate Indiana Code (IC) 9-24-19-1. Penalties for a Class A infraction can involve fines of up to $10,000. As such, it’s recommended that you speak to an attorney to discuss the possibility of obtaining specialized driving privileges or license reinstatement. 

Possible Consequences of Driving on a Suspended License in Indiana

In Indiana, driving while suspended can lead to jail time. You may face up to a year in jail if you are convicted of driving under suspension for a second time in the span of 10 years. Violating IC 9-24-19-2 is considered a Class A misdemeanor, and law enforcement may charge you with such if your license was revoked due to a drug charge. Notably, driving with a license that was suspended due to drug-related charges can result in even more significant penalties. These consequences may be further increased to felony charges if a catastrophic accident occurs.

• If someone is injured in an accident that occurs while your license is suspended, you may face a Level 6 felony that can lead to two and a half years in jail. 
• If another person dies or is catastrophically injured in an accident that happens while your license is suspended due to a drug conviction, you may face a Level 5 felony that can result in up to six years in jail. 

Given the significant penalties for driving on a suspended license, the first step you take should be to contact a criminal defense attorney. We can provide in-depth advice regarding your individual circumstances and help you understand Indiana traffic laws. Our attorneys are here to guide you to the resolution you need and help you learn what it takes to protect your best interests. 

Contact Our Attorneys for a Consultation

If you were caught driving under license suspension, Tanzillo Stassin & Babcock can help you learn about your options. We can explain the criminal justice system and help you understand the potential consequences that you face. Building a defense strategy can increase the chances of an outcome that supports your interests, so contact us to schedule an initial consultation.

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CDL DEFENSE

A DUI charge can lead to serious consequences for anyone. You may face long-lasting marks on your criminal record and even risk losing your driver’s license. For commercial truck drivers, however, or those with a commercial driver’s license (CDL), these consequences are even higher. A DUI charge can mean the end of their career.  

If you are a commercial driver who has been accused of driving under the influence, you should contact a skilled lawyer at the soonest opportunity. Tanzillo Stassin & Babcock P.C. provides unwavering assistance to defend your rights at every stage of the process. We can review your case and help you know what to expect for the road ahead.  

DUI Charges for CDL Holders

Commercial truck drivers are held to higher expectations in comparison to the typical motorist. They are professional drivers that must drive carefully, uphold public safety and never operate a vehicle while intoxicated. Additionally, those with a commercial driver’s license are subject to a distinct definition of impairment under Indiana law. Because of these higher requirements, business drivers must abide by different DUI regulations. 

BAC Limits for Commercial Truck Drivers

Most people believe that a 0.08% BAC is needed to be convicted of a DUI—and this does apply to anyone driving their personal vehicle. But Indiana laws restrict CDL holders to a BAC of no more than 0.04% when driving a commercial motor vehicle. If caught with a BAC beyond this level, they can be charged with a DUI due to the higher standards they are held to. 

Commercial drivers are expected to limit their alcohol consumption or drink nothing at all before their shift. It doesn’t take much drinking to surpass 0.04%, and driving a commercial truck with a BAC above this limit is a Class C infraction. Whether they are operating a commercial vehicle or not, all drivers can be charged with operating while intoxicated if substances prevent them from driving safely. In other words, a driver’s BAC level isn’t the sole factor that determines whether they will face DUI charges. Other controlled substances and medications can impair their driving capabilities while not involving BAC at all. 

What Are the Effects of a DUI Charge on CDL Holders in Indiana?

In addition to the criminal penalties for a DUI, a CDL holder who is convicted of drunk driving while operating a CMV (0.04% or higher) or their own vehicle (0.08% or higher) is prohibited from operating a CMB for a year. A CDL suspension lasting 3 years will be imposed if the offender’s first conviction for OWI or refusal to submit to a test occurred while operating a commercial motor vehicle carrying hazardous items. 

Speak to a DUI Attorney Right Away

After a DUI charge, a CDL holder may face significant impacts that complicate their career. A 1 to 3-year license suspension is a long period of time that you’ll need to find other employment. Fight the charges alongside a DUI attorney who can help you build a solid defense in your favor. Call Tanzillo Stassin & Babcock P.C. if you are a CDL holder who faces a DUI charge. We are availa

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DRIVERS LICENSE SUSPENSION

In Indiana, there are plenty of reasons a driver’s license may be suspended. Whether you forgot to pay a ticket or were convicted of a traffic offense, you are at risk of losing your driving privileges. However, some people are eligible for a hardship license, which Indiana statutes refer to as specialized driving privileges. Both terms mean the same thing: a restricted license allows individuals to drive to and from work, school, and certain other necessities while their license is suspended. There are several hardship licenses in Indiana, and an attorney can help you become familiar with them. Call Tanzillo Stassin & Babcock P.C. for a case evaluation to learn your options. 

What Are Specialized Driving Privileges?

After your driver’s license is suspended, you lose your driving privileges and cannot lawfully operate a motor vehicle. However, these consequences can generate significant hardship for people who need to drive to drop off their kids at school, get to work, and do other everyday tasks— and that’s true for most people. License suspension can cause loss of employment, trouble finishing obligations and even cause housing insecurity, all due to committing a traffic offense.

Fortunately, Indiana law provides options after driver’s license suspension. In certain circumstances, the court may grant a stay of suspension by issuing an order for specialized driving privileges. A limited license allows you to drive while under certain statutory requirements that are determined based on your unique circumstances. 

When Do the Courts Grant Specialized Driving Privileges?

Criminal convictions often result in a court-ordered license suspension. For example, driving while intoxicated or leaving the scene of an auto accident can warrant a license suspension. What many people don’t realize is that they may be eligible to apply for a hardship license during the period of suspension. The request needs to be made to the court that initially suspended your license, and many will approve the request if the right conditions are met. 

No Insurance Suspension

All Indiana drivers need to have auto insurance. Driving without auto insurance will lead to a license suspension lasting between 90 days and 1 year. Fortunately, a hardship license is available for those who lost their driving privileges due to this reason. Generally, an individual may qualify for this hardship license if they could not get auto insurance due to an extenuating circumstance and now they currently have insurance coverage. Even if the applicant’s license was previously suspended, they might qualify. 

Habitual Traffic Violator Suspension

The Indiana BMV may designate a person to be a Habitual Traffic Violator (HTV) if they commit a certain number of violations within a 10-year period. Depending on how severe the convictions were, an HTV can have their license suspended for 5 years, 10 years or permanently. During these lengthy sentences, however, Indiana law allows hardship licenses to be available. 

Unpaid Tickets

Unlike the aforementioned situations, the court does not typically grant a hardship license for an unpaid ticket. Instead, the offender should pay off the ticket if possible, although certain exceptions may exist. 

Talk to An Attorney

If you have a suspended license and want to know if you are eligible for specialized driving privileges, talk to the attorneys at Tanzillo Stassin & Babcock P.C.

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CRIMINAL DEFENSE

Defendants are sometimes offered probation in their plea deal instead of a prison sentence. This happens when a judge or prosecutor does not believe that incarceration is necessary, but instead, supervision and possibly rehabilitation are. A probation order includes a term of probation and a suspended sentence; therefore, if a defendant allegedly breaks this agreement, it is taken very seriously by the judge. In some cases, the defendant may face extended probation or even time in jail. 

Tanzillo Stassin & Babcock P.C. is available to review your case. Call our attorneys to discuss possible legal strategies to protect your rights. 

Common Reasons for a Probation Violation

All probation violations stem from the defendant’s failure to adhere to the agreement’s terms. However, there are two main ways that an individual may violate a probation order: first, by breaking a law; and second, by violating the technical terms of the probation. If the probationer has a new arrest, they may be required to attend a hearing. A few of the most common charges that may violate probation include: 

• Theft or burglary charges, 
• Illegal drug use or possession, 
• DUI offenses, and
• Allegations of domestic violence.

Furthermore, failing to uphold the terms of your probation and any orders from your probation officer may be deemed a violation. Some of the most common technical violations are:

• Failing a drug test,
• Not reporting to your probation officer, 
• Failing to seek employment,
• Being absent for mandatory services, and
• Not completing required community service. 

It’s important to note that failure to pay fines or other costs is only a basis for probation violation if the defendant intentionally fails to pay. 

Will I Go to Jail for Violating Probation?

While jail time is a possible consequence of a probation violation, it isn’t a guarantee. The judge must answer key questions to find you guilty of a violation and sentence you to prison. And even if the judge does find that the defendant violated their agreement, many factors influence the judge’s ruling. If your probation violation shows intentional misconduct or if you’ve violated a previous probation sentence, then the court will see that you didn’t take advantage of that opportunity, and therefore the sentence may increase.

The seriousness of the violation also impacts whether jail time will be ordered and for how long. If you possessed drugs and relapsed, the judge may order you to go into a rehab program. However, if you attempt to conceal or tamper with your drug results, then the courts will see a willing attempt to deceive them. 

A jail sentence may be determined if you miss a court appearance or meeting with your probation officer. However, certain mitigating circumstances may warrant understanding from the judge. With an attorney, you will devise a legal defense that demonstrates that the violation occurred due to extenuating circumstances. 

Talk to an Attorney At the Earliest Opportunity

If you’ve been accused of violating your probation order, don’t take the situation lightly. Call Tanzillo Stassin & Babcock P.C. right away for a consultation. We can help you prepare for the next steps.

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AUTO ACCIDENTS

You are driving safely on the road when a distracted driver t-bones your vehicle. As a result of the collision, you suffer serious bodily injuries including facial lacerations, a concussion, a broken arm, and a bruised rib. You are forced to spend weeks rehabilitating from your injuries and miss a significant amount of time from your job. As a result, you are left damaged both physically and financially. 

In this situation, it makes sense to speak to an experienced Indiana car accident lawyer to discuss your legal options. You may be able to pursue monetary damages for your harms and losses.

Types of Damages You Can Recover Through a Personal Injury Claim

Medical Bills – In general, medical costs are the first category of what are known as “compensatory” damages. The idea behind compensatory damages is that a wrong has occurred that requires some type of compensation. Most damages are compensatory damages. If you are injured, the responsible party will be held responsible for paying your medical bills such as surgery costs, the price of ambulance rides, and physical therapy.

Lost Wages and Earning Capacity – Economic compensatory damages exist as well. If you are injured and are unable to work either temporarily or permanently, you may be able to receive compensation for your lost wages. 

Pain and Suffering Damages – This is the broadest category of compensatory damages in personal injury claims. Pain and suffering is essentially an umbrella term for anything that happened in the accident that the negligent driver should be required to compensate the victim for. Often, this is literally for pain that was caused. It could also mean causing crippling disabilities or other mental trauma.

Punitive Damages – Unlike compensatory damages, punitive damages are specifically designed to deter and punish defendants from taking actions that the judge deems reprehensible. Normally, punitive damages are not available unless something really terrible happened. 

Emotional Damages – Another special category of damages, emotional damages are only available under specific circumstances. Fear that has resulted in recurring nightmares or psychological stress is the most common example. So-called “bystander” emotional damages are also available when a person witnesses the tragic death of a loved one, which causes emotional stress.

If you have any additional questions about personal injury damages in Indiana, you should contact a local personal injury attorney to help answer any inquiries you may have. Many Indiana car accident lawyers operate on a contingency fee basis, which means you pay nothing up front and only pay your lawyer when they have obtained a settlement or verdict for you.  

Indiana Personal Injury Lawyer Ready and Able to Represent You

The legal team at Tanzillo Stassin & Babcock, P.C. is ready to help you and your family. We understand how to take on the big auto insurance companies and secure maximum compensation for you. Contact our office to schedule a free case review with a dedicated personal injury attorney so we can get to work on your case.

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PERSONAL INJURY

On June 15, 2017, officials announced criminal charges in a bizarre case that left a Dyer man with a traumatic brain injury. According to a Chicago Tribune report, a man contacted police on February 22, 2016 to state that his 54-year-old father was acting disoriented and confused. The victim was unable to explain a head injury he’d suffered, and was taken to Rush University Medical Center in Chicago. Upon investigation, authorities pieced together that the man was attacked around February 19 by another individual. Even 17 months later, the victim continues to experience medical effects of his traumatic brain injury (TBI), including a temporary inability to speak, memory loss, seizures and a permanent deformity of his skull from surgery. The impacts of a TBI are severe, but a Munster head injury attorney may be able to help the victim recover for his losses.

Factors to Consider in TBI Injuries

Head injuries are unlike other personal injury matters because of the specialized medical treatment necessary, especially when surgery is required. The physician specialists that perform procedures on the brain are among the highest paid medical professionals, including neurologists, cerebrovascular and skull base practitioners, and others.

In addition, TBIs typically require lengthy hospital stays before it’s safe for a victim to return home. These are billed separately from the procedure services of specialists and other healthcare providers. Hospitals may charge up to $4,000 per day, depending on the specific services you require.

After leaving the hospital, you can expect recovery for a TBI to last for weeks, months, or even years. Physical therapy, rehabilitative care, and occupational therapy are usually required for the most serious brain injuries.  

Non-Medical Factors

There are areas of your life affected by a TBI which may not apply if you’ve suffered injuries to other parts of the body. Any injury can lead to you to be out of work; for a TBI, that time away from your job can be years, and your lost wages will be considerable. If you’re permanently disabled and unable to work, there’s an impact on your future earning potential. Plus, there are costs related to treating the side effects of severe head trauma. The brain is responsible for the functions of the body, and all of these can be affected if you suffer a TBI.

Contact a Personal Injury Attorney with Experience in TBI Cases

Whether caused by an accident or an attack, TBIs have devastating consequences for the victim. Medical treatment for these types of injuries may include surgery, rehabilitation therapy, and long-term care; some victims never fully recover and must deal with the effects of a TBI for a lifetime. Plus, the pain and suffering is tremendous. Fortunately, Indiana law does allow the victim of a TBI to recover compensation, but these types of cases are extremely complicated. You need a personal injury attorney with an extensive legal background and specific experience with head injury cases. If you or a loved one has experienced a TBI or similar type of injury, please contact the lawyers at Tanzillo Stassin & Babcock, P.C. to schedule a free initial consultation.

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AUTO ACCIDENTS

Neck and back pain are among the most commonly reported car accident injuries. The high-intensity impact of an auto accident can cause fractures, whiplash, bruises and other injuries that may not be immediately visible. Such injuries may cause long-term pain and suffering and may complicate the victim’s professional and personal life. 

If you were injured, don’t wait to seek compensation alongside a skilled car accident lawyer at Tanzillo Stassin & Babcock, P.C. We fight for the victims who have been wrongfully hurt due to another’s negligent actions and can help you learn more about possible recompense. 

Types of Neck and Back Pain Caused By Auto Accidents

Auto accidents can result in severe, life-changing disabilities, especially when they involve large trucks such as semis. The victim may never fully recover from their injuries, which can include health complications impacting their neck and back. Whiplash is the most common cause of neck and back pain in an accident. While it’s not a medical term, whiplash refers to cervical acceleration-deceleration, which occurs when the head whips back and forth during an impact. Whiplash is most commonly associated with rear-end collisions. 

Unfortunately, whiplash frequently leads to chronic pain and neck stiffness, so injured victims need to seek medical attention at the soonest opportunity. Doing so allows you to not only heal but also pursue the compensation to which you are entitled. 

There are several common neck and back injuries caused by auto accidents, and they may involve ligaments, bones, muscle tissues, joints and nerves. Car crash victims may develop the following complications: 

• Fractured bones
• Soft tissue injuries, such as a sprain
• Herniated disk
• Spinal stenosis

While some injuries may immediately cause symptoms that disrupt your life, other injuries can take days or even weeks to become apparent. During this time, you should be working alongside an experienced car accident lawyer to determine what damages you may be able to recover.

How Back and Neck Injuries are Compensated

After an accident, victims may experience physical and mental suffering and a decreased quality of life. Neck and back pain is more than simply the symptoms you experience: you may face medical expenses, a loss of productivity and emotional damage as a result. An attorney can help you learn which damages may be uncovered depending on your specific circumstances: 

• Economic Damages. Also referred to as special damages, economic damages are easy to quantify and include costs of medical care, lost income and other relevant costs. You’ll want to keep any medical bills, receipts and other information that can help our attorneys demonstrate the quantitative cost of the accident. 
• Non-Economic Damages. As its name suggests, non-economic damages are general damages that may be more difficult to define. These damages involve complications that do not cost money but still compromise your quality of life. Examples include trauma and emotional suffering as a result of your injuries. Record your emotional and physical condition and keep information related to therapy visits to help support your call for recompense. 

In order to seek fair compensation, cooperate with your doctors and record the state of your health every day. We’ll use this information to build a solid case in your favor. 

Contact an Attorney

If you sustained back or neck injuries in an auto accident, you deserve to seek compensation alongside an experienced attorney. When you were inquired due to someone’s carelessness, Tanzillo, Stassin & Babcock P.C. fights for your entitled benefits. Call our firm today to schedule a consultation. 

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